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THE WAITARA TRAGEDY.

PR. GOODE'S TRIAL. A QUESTION OF SAXITY. (By Telegraph. —Press Association.) >'EW PLYMOUTH, Wednesday. At the Supreme Court to-day-, the tearing of the charge against Dr. Edvrsxrd Jonathan Goodp, of Waitara, of Jaring murdered Mary Ellen KJenner on December 14. was continued. Accused was defended by Mr. C. P. Skerrett, K-C; of Wellington, with whom Mr. A. ■R. Johns appeared. Mr. T. E. Weston, Crown Prosecutor, assisted "by Mr. C. H. JYeston. prosecuted. Mrs. Goode was . present in Court. A plea of not guilty vas entered. ifter thp case had bfen opened by the Crown Prosecutor, the depositions of the late ilrs. Klenner were read and put in as evidence. Ida Klenner, the nine years old daughter of deceased, deposed that on the afternoon of the tragedy she returned home from school a little after three o'clock. When she got near the sittingroom window slip heard a voice in the room. She listened at the window for a few minutes, and recognised the voice as Dr. Goode's. Slip knew his voice irell. ?h p l^ien u ' ent to tflfl back °f house. She heard three shots fired, and afterwards found her mother lying covered with blood in the sittingroom near the fireplace. Wlirn witness returned from school she found her uncle in The lack yard. He went away to a paddock t< bring in the cows. Soon after that Tritnes-s heard the three shots. Myrtle Trim. 12 yars of agp. said she saw Dr. fioode between his own gate and the Klenners". He was proceeding towards hi* own gate. He walked through it and up to thp steps leading to the verandah. Mrs. Gonde was sitting on the verandah, and she helped him up the first step. When Dr. Goode got up to the step of the surgery door he fell, but managed to get inside. He said something containing the words. "My •3o<L" He was wearing a coat thrown open and a white shirt, the front of ■jrhich bore a broad red patch. Mr. Skerrett: Was he walking Straight ? Witness: He. seemed to be going in a zigzag. Continuing, she said that what r.ccuEed said to Mrs. Goode wa? either "My God. leave wp alone." or "My God, get out of it." He spoke very gruffly and hard, and seemed to be excited. STATEMENT BY MRS. KLEXXEK. Joseph William Fitzsimmons, employtd by Alios Klenner, gave evidence of finding Mrs. Klenner lying in the front room covered with "blood, when he was called to the house by Ida Klenner. Mrs. Klenner said, "I've been shot by Dr. Goode," and added that she was dying, and had only a few minutes to live. She told him to fetch her husband. Before doing so he went for assistance. As he ■uas going down the path from. the. front door of the house to the gate he. saw accused. The reason given to witness by Mrs. KJenner for accused shooting iher was that he wanted her love. She also said that he fired two shots at her at close range. Maria Elizabeth Clare said that on the afternoon of the tragedy Mrs. Goode came to her house. Witness accompanied her back to her own house. They entered by a gate leading to the stirgrey. They did not see accused. As they stood about half-way down the j)2th from the surgery door to the gate they heard muffled cries or groans, which ■witness discovered on reaching the gate Were coming from Mrs. KJenner's house. She then went to the latter place, and entered the sitting-room, where she found Mrs. KJenner lying on the floor. Mrs. Klenner t-old witness Dr. Goode fend shot her because he wanted her, end she said "No." She said he fired two shot sat her. ehe was in great fear she would die before her husband arrived. Constable Price and several OtheTs then arrived. To Mr. Skerrett: Mrs. Klenner said i to witness that she was certain Dr. Goode was mad, or he "would not have done it. She told witness during the afternoon that she had not the slightest fear of Dr. Goode -when he asked to speak to her. Witness had known accused about eight years, during which time he attended her and her family. He was most kind. She had lived near Dr. Goode, and had noticed for some years past that he had given way to drink. Sometimes he would go for five months, cix months, or 12 months with*nt touching drink, but at other times he would get drunkTo Mr. Weston: The 12 months for Srhieh accused had abstained from liquor expired in December, 1907. He had seVer been at her house while intoxicated. While in drink he -was excitable, efld would talk a great deal. Emily Spurdle deposed that Mrs. EJenfcer told her why Dr. Goode had ehot ■ier. She (deceased) alleged that three shots were fir«l. and that Dr. Goode kicked over a chair that her back was testing against. Accused, she said, asked her if she was dead, and ehe did Eofc answer, fearing he would ehoot again. Cross-examined, witness said "Mrs. Klenner said , to her and Mrs. Clarke that accused "must have teen mad with drink, or he would never have done it." Dr. E. F. Fookes, of New Plymouth, gave evidence of having attended Mrs. KJeaner about five o'clock on the afternoon of December 14, and of Mrs. KlenBer's condition. She had two circular grounds, one on the cheek, and one low ao\ni in the middle line of the neck, the surrounding skin being blackened as though from the discharge of a firearm at close range. The wound in the neck Was probably caused by a shot at closer range, for there the skin was blistered. DR. CLAETDGE'S EVIDENCE. _Dr. Claridge, practising at Waitara, Wto arrived at the Klenner's house about a minute before j>. Kookes, also gave evidence. He described the condition of ais. Klenner. That evening he was called to the Waitara Police Station, Wiere he saw Dr. Goode, Constables ■Mclvor and Price, and a crowd of peoP«. Whilst accused was sitting in the police office, he said, "Dr. Claridge, don't ?ou come nea.r mc." Witness replied that ■™ had «™* to attend to his injuries, "en accused &iid. 'You come near mc, P*. : and I'll knock your — toavns out." He was handcuffed at the ™m, a.nd was wearing a soft white ™urt, which was blood-stained, and trousers. The whole of the front to the sb'rt was blood-stained. Witness told j not to make a fool of himself. Ac- I cased asked witness to take his hand- j raffs off, and witness said he couldn't. I fMOEed replied, "Yen can't be much of j Iff I U you can ' fc take my handff s off-" They then started to take Jr 5 s f rt off, and to do that had to out I ZU this Goode rave <l considerably, I especially bitter tewards ConStable Pnee, " Wee . you . I. * e&euld ha*e shet yeu I bad the

chance. Do you call yourself a man? I Your not!" Witness dressed the wounds about accused's hands. When he came to the injury to hie chin accused said, "It's no use touching that; it's tie jugular." Witness rejoined, "Don't be a fool," and accused said, "Yes, it is; I know by the drip, drip, drip." The performance took a couple of hours, but should have- been done in fifteen or twenty minutes. Accused did not explain the eauj-e of his Injuries, but -aid, "I'ou're a clever lot of , but old Ned Goode will beat you yet." Witness did not think Dr. Goode was drunk that night at the police station, but he waa exceedingly angry at being arrested and handcuffed^ To Mr. Skerrett: There was nothing in accused's, conduct to lead witness to suppose he was feigning or pretending. He showed no symptoms of acute alcoholism. There was mental excitement. He had never examined accused as to his mental condition. Alios Klenner, butcher, of Waitara, husband of the victim of the tragedy, said tbat when he was by his wife's side she said, "Oh, Lou, I didn't deserve thie. I've been a good woman, and now I've got to die. It's very hard to leave my poor children and you." She told him that when she opened the front door Dr. Goode was on the doorstep. He walked through the passage into the sit-ting-room, and said, "I want to speak to you." When she went in he closed the door, and made a proposition to her and threatened to shoot her if she did not comply. She tried to get outside, and he went and turned the key in the door. She sat down in an easy chair, and he stood over her and fired two shots at her. He then pulled over the chair she had been sitting on. and bent over her. and asked, "Are you dead?" Slip did not answer, lest he should shoot again. ■She spoke no more on that subject. Witness had no firearm in his house other than a Government rifle. THE ARREST. Constable Price, in charge of the Waitara Police Station, deposed that he went to Dr. Goode's. house about 3.50 p.m. The surgery door was slightly open, and he went in. Dr. Goode said: "What the do you want in my house?" and witness replied. "I've just come in to see you; I'm not feeling well." The doctor picked up a revolver from the writing-table, and pointed it it witness, saying, "Get out of it or I'll blow your brains out!" Witness noticed blood dripping from the acvused's whiskers. He left after having been threatened with the revolver, but kept watch on the house until the arrival of Constable Mclvor. Then the arrest of Dr. Goode was effected by the police, with the aid of nine men. The actual arrest was the work of Constable Mclvor. Accused was handcuffed outside. Amongst the contents of his pockets were some cartridges. Witness had frequently seen the revolver (produced) in a glass case in accused's surgery. He had seen it in accused's hip pocket on one occasion. Witness added that he felt there was a real danger of being shot if he approached the accused. In arranging the plan of arrest, it was recognised there was danger. They drew lots for the doors, but it was not recognised that Constable Mclvor had got the post of the greatest danger, for no one knew where accused was. Aroused railed at the police for arresting , him, and seemed to be at a loss to know what all the bother was nbout. He did not once refer to the death of Mrs. Klenner. He had no control over his language. His conduct wa-s strange, and he had to be humoured and coaxed before he would enter the cell. Accused was a man of peculiar temperament, and his peculiarity was more marked when he had been drinking and since the arrival of Dr. Claridge in Waituxa. The Court adjourned till ten o'clock the following morning;, when the. hearing will be resumed. The jury were locked up for the night.

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THE WAITARA TRAGEDY. Auckland Star, Volume XL, Issue 66, 18 March 1909

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